Neville J discussed the attachment of an easement created under a leasehold interest becoming attached to the freehold interest: ‘Easement or right in the strict sense there could not be, for the common ownership precluded the acquisition of any right or easement by the occupiers, but International Tea Stores Co. v. Hobbs shows that ‘a right’ permissive at the date of the grant may become a legal right upon the grant by force of the general words in section 6 of the Conveyancing Act 1881. From this point of view the circumstances under which the quasi right was enjoyed became immaterial so long as it was actually enjoyed and was of a nature which could be granted, that is to say, a right known to the law.’
[1913] 1 Ch 571
Citing:
Cited – International Tea Stores v Hobbs ChD 25-Apr-1903
Farwell J considered the circumstances of acquisition of a right of way by prescription and said: ‘The real truth is that you do not consider the question of title to use, but the question of fact of user; you have to inquire whether the way was in . .
Cited by:
Cited – Graham v Philcox CA 1984
A right of way, originally granted in connection with a five year tenancy of a part of a house, was converted by section 62 into a permanent right of way on the conveyance of the freehold.
Lord Justice Purchas disagreed with the judge who had . .
Cited – Wall v Collins and Another CA 17-May-2007
Properties, when leasehold, had acquired rights of way by prescription over neighbouring land. The freehold interests were acquired, and the claimant now appealed a decision that the right of way acquired under his lease had disappeared.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.252420 br>